16 U.S.C. § 437 — Fort McHenry; restoration and preservation

This section directs the Secretary of the Interior to restore Fort McHenry, in Maryland, and to keep it as a monument forever. The Secretary must begin restoring the old fort itself so it is fit to be preserved permanently. The law calls it the birthplace of the "Star-Spangled Banner," the song written by Francis Scott Key. The Secretary — and every future Secretary after — must hold Fort McHenry forever as a military reservation, a national monument, and a historic shrine, and must maintain it that way. There are two carved-out exceptions to the Secretary's control: first, the part of the fort mentioned in section 439 of this title is excluded (that section deals with a different use of part of the grounds). Second, as of March 3, 1925, part of the site was being used by the Department of Commerce for a lighthouse and fog-signal station, under a license from the Interior Department that could be revoked. That use, plus the electric lines serving it, continues. Also excluded is any part of the reservation the Secretary of the Army sets aside for the Chief of Engineers to use. The rest of the reservation must be run as a national public monument, following whatever regulations the Secretary of the Interior issues from time to time.